Authority to Carry on Business. The Trustee represents to the Parent, Callco and Exchangeco that, at the date of execution and delivery by it of this Agreement, it is authorized to carry on the business of a trust company in each of the Provinces and Territories of Canada but if, notwithstanding the provisions of this Section 6.13, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement granted in or resulting from the Trustee being a party to this Agreement shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in each of the Provinces or Territories of Canada, either become so authorized or resign in the manner and with the effect specified in Article 9.
Appears in 1 contract
Samples: Exchange Agreement (Biotricity Inc.)
Authority to Carry on Business. The Trustee represents to the Parent, Callco and Exchangeco that, Corporation that at the date of execution and delivery by it of this Agreement, Indenture it is a body corporate incorporated under the laws of Canada or one of its provinces and is authorized to carry on the business of a trust company in each of the Provinces and Territories provinces of Canada but if, notwithstanding the provisions of this Section 6.1312.155, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement granted in or resulting from Indenture and the Trustee being a party to this Agreement securities issued hereunder shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in each any of the Provinces or Territories provinces of Canada, either become so authorized or resign in the manner and with the effect specified in Article 9Section 12.2.
Appears in 1 contract
Samples: Indenture (Terrace Energy Corp)
Authority to Carry on Business. The Trustee represents to each of the Parent, Callco Corporations and Exchangeco that, each Holder that at the date of execution and delivery by it of this Agreement, Trust Indenture it is authorized to carry on the business of a trust company in each the Province of the Provinces and Territories of Canada but ifAlberta. If, notwithstanding the provisions of this Section 6.1310.13 but subject to Section 10.14, it the Trustee ceases to be so authorized to carry on business, the validity and enforceability of this Agreement granted in or resulting from Trust Indenture and the Trustee being a party to this Agreement Licenses issued hereunder shall not be affected in any manner whatsoever by reason only of such event event, but the Trustee shall, within 90 60 days after ceasing to be authorized to carry on the business of a trust company in each of the Provinces or Territories of Canadasuch provinces, either become so authorized or resign in the manner and with the effect specified in Article 9Section 10.8.
Appears in 1 contract
Authority to Carry on Business. The Trustee represents to the Parent, Callco and Exchangeco that, at the date of execution and delivery by it of this Agreement, it is authorized to carry on the business of a trust company in each of the Provinces and Territories of Canada but if, notwithstanding the provisions of this Section ?6.13, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement granted in or resulting from the Trustee being a party to this Agreement shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company in each of the Provinces or Territories of Canada, either become so authorized or resign in the manner and with the effect specified in ?Article 9.
Appears in 1 contract
Samples: Voting and Exchange Trust Agreement (Biotricity Inc.)
Authority to Carry on Business. The Indenture Trustee represents to the Parent, Callco and Exchangeco that, Trust that at the date of execution and delivery by it of this Agreement, Indenture it is authorized to carry on the business of a trust company in each of the Provinces provinces and Territories territories of Canada but ifCanada. If, notwithstanding the provisions of this Section 6.1312.9, it the Indenture Trustee ceases to be so authorized to carry on business, the validity and enforceability of this Agreement granted in or resulting from Indenture and the Trustee being a party to this Agreement Notes issued hereunder shall not be affected in any manner whatsoever by reason only of such event but the Indenture Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company business as contemplated hereby in each of the Provinces or Territories provinces and territories of Canada, either become so authorized or resign in the manner and with the effect specified in Article 9Section 12.8 and subject to the provisions thereof in respect of the date on which such resignation will be effective.
Appears in 1 contract
Samples: Trust Indenture (PHH Corp)
Authority to Carry on Business. The Trustee represents to Abgenix and the Parent, Callco and Exchangeco that, Company that at the date of execution and delivery by it of this Agreement, Agreement it is authorized to carry on the business of a trust company in each of the Provinces and Territories provinces of Canada but if, notwithstanding the provisions of this Section 6.137.14, it ceases to be so authorized to carry on business, the validity and enforceability of this Agreement granted in or resulting from and the Trustee being a party to this Agreement Voting Rights, the Exchange Right, the Automatic Exchange Rights on Liquidation and the Cash Put Right shall not be affected in any manner whatsoever by reason only of such event but the Trustee shall, within 90 ninety (90) days after ceasing to be authorized to carry on the business of a trust company in each of the Provinces or Territories any province of Canada, either become so authorized or resign in the manner and with the effect specified in Article 910.
Appears in 1 contract
Samples: Voting, Exchange and Cash Put Trust Agreement (Abgenix Inc)
Authority to Carry on Business. The Indenture Trustee represents to the Parent, Callco and Exchangeco that, Trust that at the date of execution and delivery by it of this Agreement, Indenture it is authorized to carry on the business of a trust company in each of the Provinces provinces and Territories territories of Canada but ifCanada. If, notwithstanding the provisions of this Section 6.1312.09, it the Indenture Trustee ceases to be so authorized to carry on business, the validity and enforceability of this Agreement granted in or resulting from Indenture and the Trustee being a party to this Agreement Notes issued hereunder shall not be affected in any manner whatsoever by reason only of such event but the Indenture Trustee shall, within 90 days after ceasing to be authorized to carry on the business of a trust company business as contemplated hereby in each of the Provinces or Territories provinces and territories of Canada, either become so authorized or resign subject to, and in the manner and with the effect specified in Article 9in, Section 12.08.
Appears in 1 contract
Samples: Trust Indenture